JUDGMENT : Manoj Kumar Tiwari, J. Petitioner is serving as Assistant Professor (Community Medicine) in Government Medical College, Haldwani. Institute of Medical Sciences, Banaras Hindu University at Varanasi issued an advertisement inviting applications for appointment to various faculty positions. 2. Since petitioner was desirous of applying pursuant to the said advertisement, therefore, he made an application to the Secretary, Medical Education, Government of Uttarakhand for issuance of ‘No Objection Certificate’, which was forwarded by Principal of Government Medical College to Director, Medical Education. Petitioner’s application was returned by the Director asking the Principal of the Medical College to take decision as per Government Order dated 27.08.2020. 3. By means of this writ petition, petitioner has sought the following reliefs:- “(i) issue a writ, order or direction in the nature certiorari, quashing the impugned government order no. 712/XXVIII (5)/2020-12 (general)/2020 dated 27-8-2020 issued by respondent no. 1 (Annexure No. 1) to this writ petition). (ii) issue a writ, order or direction in the nature of mandamus, commanding/directing respondents, more particularly, to the respondent no. 1 to provide no objection certificate to the petitioner for attending the interview to be held on 19/20-6-2024 at I.M.S. Banaras Hindu University for the post of Assistant Professor (Community Medicine).” 4. The impugned Government Order dated 27.08.2020 is on record as Annexure-1 to the writ petition. It refers to the proposal submitted by Director, Medical Education for grant of No Objection Certificate (NOC) to teachers of Government Medical Colleges. In para 2 of the said Government Order, it is stated that NOC to teacher of Government Medical Colleges shall be issued by the Principal, if he has applied for appointment in some other Government Medical College within the State. It is mentioned that existing Government Medical Colleges are facing shortage of teachers, and many more colleges are going to be opened by the Government in future, therefore, due to scarcity of qualified persons for appointment to faculty positions, the request for NOC by existing faculty members for seeking employment outside the State may not be forwarded to the State Government. 5. Learned counsel for the petitioner contends that the condition put by the impugned Government Order that NOC would be given only when a teacher applies for appointment in a Government College within the State, is arbitrary and illegal. 5. Learned counsel for the petitioner contends that the condition put by the impugned Government Order that NOC would be given only when a teacher applies for appointment in a Government College within the State, is arbitrary and illegal. He submits that all Medical Colleges form a homogeneous class, therefore, artificial classification made by the impugned Government Order between Government Medical Colleges within State of Uttarakhand vis-a-vis other Medical Colleges is unsustainable and the Government Order deserves to be set aside. 6. Per contra, learned State Counsel submits that challenge to the condition mentioned in Government Order dated 27.08.2020 is without substance. He submits that NOC for seeking employment elsewhere cannot be claimed as of right by an employee and every employer has the right to turn down the request for NOC, if situation so warrants. He submits that freedom of choice available to an employee is not restricted by the impugned Government Order for seeking employment elsewhere, however, employer cannot be compelled to issue NOC to his employee in these matters. He contends that grant of NOC is the sole prerogative of an employer, and if he finds an individual to be indispensable for the institution, then he can turn down the request for NOC without violating any law. 7. This Court finds substance in the submission made by Learned State Counsel. Uttarakhand is a hill State and the Government Medical Colleges within the State are facing scarcity of faculty members. National Medical Commission, which is the regulatory body in the field of Medical Education, has laid down minimum standards regarding strength of faculty members in Medical Colleges and if the number of faculty members falls short of the prescribed standard, then the Medical College may lose recognition, which shall have devastating effect, not only on the medical students, but also for the masses, who depend on Government Medical Colleges for quality medical services. Huge amount of public money, which is spent in establishing Government Medical Colleges would go waste, if a Government Medical College loses recognition, for not meeting the norms regarding minimum strength of teachers. The impugned decision has been taken in public interest to ensure that the Government Medical Colleges in the State keep running and interest of the students and the masses is protected. 8. The impugned decision has been taken in public interest to ensure that the Government Medical Colleges in the State keep running and interest of the students and the masses is protected. 8. As the name of the Certificate itself suggests, it is issued by the employer to facilitate the act of his employee seeking employment elsewhere. Thus, if the employer has some reservation against his employee seeking employment elsewhere, then the employer can refuse to grant NOC. This is a right, which inheres in every employer. However, it does not mean that after accepting employment, an employee loses all his rights and he is always free to resign and then apply for appointment in some other organization. Issuance of NOC indicates that the employer has consented to the act of his employee seeking employment elsewhere. There is no law, which regulates grant of NOC. Section 13 of the Indian Contract Act, 1872 defines ‘consent’ and Section 14 defines “Free consent”, which are reproduced below:- “13. 'Consent' defined.— Two or more persons are said to consent when they agree upon the same thing in the same sense. 14. ‘Free consent’ defined.—Consent is said to be free when it is not caused by— (1) coercion, as defined in section 15, or (2) undue influence, as defined in section 16, or (3) fraud, as defined in section 17, or (4) misrepresentation, as defined in section 18, or (5) mistake, subject to the provisions of sections 20, 21 and 22. Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.” 9. The contention made by learned counsel for the petitioner that the condition put by the impugned Government Order amounts to an artificial classification between Government Medical Colleges, within the State, vis-a-vis other Medical Colleges, cannot be accepted. Government Medical Colleges are established to provide quality medical education on subsidized tuition fee and also to provide medical and health services to the masses. Huge amount of public money is spent to establish and run Government Medical Colleges, which function as referral hospitals for providing tertiary health services to the poor, who cannot afford to go to private hospitals for treatment. Various outreach programs are conducted by Government Medical Colleges for the benefit of masses, which is seldom done by private Medical Colleges. Huge amount of public money is spent to establish and run Government Medical Colleges, which function as referral hospitals for providing tertiary health services to the poor, who cannot afford to go to private hospitals for treatment. Various outreach programs are conducted by Government Medical Colleges for the benefit of masses, which is seldom done by private Medical Colleges. There is no profit motive for running a Government Medical College and they are maintained by the grants provided by the State Government, unlike private Medical Colleges, which have to strike a balance between income and expenditure. Thus, Government Medical Colleges fall in a different class and equality clause contained in Article 14 of the Constitution cannot be pressed into service for questioning the classification made between Government Medical Colleges vis-a-vis other colleges. Article 14 ordains that equals cannot be treated unequally. As discussed earlier, Government Medical Colleges belong to a different class, therefore, the State Government can very well make special provision for such colleges. 10. From the above discussion, it is apparent that NOC for seeking employment under some other employer requires consent of the employer. When an employee requests for NOC and the employer accedes to the request of the employee, then NOC is issued. Thus, both parties must agree, before NOC can be issued. If the employer does not agree to the request made by employees, NOC cannot be issued. Thus, the State Government has exercised its right to say no, which is available to every employer. The impugned decision cannot be said to be arbitrary, so as to warrant judicial interference. 11. Learned counsel for the petitioner has relied upon a judgment rendered by Single Judge of Hon’ble Orrisa High Court in WP(C) No. 4242 of 2021 ‘Dr. Snehlata Mallick v. State of Odisha and others’. 12. Learned State Counsel submits that the said judgment is distinguishable on facts. 13. We have gone through the said judgment and we are in respectful disagreement with the view expressed therein. 14. Learned Counsel for the petitioner has also relied upon an order dated 08.02.2022 passed by Hon’ble Himachal Pradesh High Court in CWP No. 530 of 2022. Perusal thereof reveals that it is an interim order and not a judgment; therefore, it does not have any precedential value. 15. For the reasons indicated above, the writ petition is dismissed. No order as to costs.